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HomeMy WebLinkAbout32-96 Burgess, RayburnPermit Class NEW STATE OF NORTH- CAROLINA Department of Environment 'health & Natural Resources and`- L . ��P�I1iIt�t for Major Develo- lehd an Area of Environmental Concern pursuant to NS 113A=118..'=•' . X Excavation and/or filling psis' rant to NCGS 113-229 Issued to Rayburn Burgess, Box 23, Shiloh, NC 27974 authorizing development in Camden County at Permit Number Albemarle Sound, 116 Edgewater Dr., Camden Point Shores as requested in the pemtittee's application dated 12/12/95 including attached workplan drawings, 3, dated received 12/12/95 This permit, issued onis subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. BREAKWATER The alignment of the breakwater must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2. The outer toe of the stone breakwater shall not exceed a distance of 16' waterward of the normal water level. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. ,4e ger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Rayburn Burgess Permit # 32-96 Page 2 of 2 ADDITIONAL CONDITIONS 3. The height of the breakwater structure shall not exceed six inches above the normal water level. 4. The breakwater structure shall be marked with yellow reflectors extending at least three feet above the normal water level. The riprap material must be free from loose dirt or any other pollutants. It must be of a size sufficient to prevent its movement from the site by wave or current action. No wetlands, estuarine waters, public trust areas or highground areas may be excavated or filled, except for that which is necessary to properly construct the breakwater. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. The permittee will maintain the breakwater in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from the Division of Coastal Management. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third parry. 9. The permittee shall plant a suitable coastal marsh species landward of the breakwater structure. 10. There shall be no significant interference with navigation or use of the waters by the public. NOTE: Should either of the adjacent properties be sold before construction of the breakwater begins, the permittee shall obtain a written agreement from the new owner waiving the 15 foot riparian corridor setback. This waiver must be submitted to the Division of Coastal Management prior to initiating any construction of the breakwater. NOTE: The Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025, (DEM Project No. 960012), which was issued on 2/20/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 199601217. Form DCM-MP-1 1. APPLICANT a. Landowner: Name APPLICATIO KAYBU2N BU%GGSS (To be completed by all applicants) Address IIG EDGSWATER DV -- city SHl"H State rJc Zip 279i4 Day Phone(919)336-7439 Fax (9l9) 336-Z330 b. Authorized Agent: Name NON -APPLICABLE Address City Zip Fax Day Phone State c. Project name (if any) suEc " NOTE: PerW1 wiU be issued in name of lw&downer(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County CAMDEN b. City, town, community or landmark SH 1 I.0" c. Street address or secondary road number lib EOGEWATER_ D2- d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) A6RVMARbE 50UNO 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. yTONE 5REAVWATE2 b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK c. Will the project be for public, private or commercial use? PRIVATE d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 10 OoNr2mucT STONE PAeAKWATER FOR PI FFMrEh OF SHORP,UNb STARMZATIOt.I Revised 03/95 Form DCM-MP-1 D m t t w ter treatment facilities 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 100 FT• x 150 FT b. Size of individual lot(s) 100 Fr X 190 FT c. Approximate elevation of tract above MHW or NWL 7- Fr• d. Soil type(s) and texture.(s) of tract SAN P e. Vegetation on tract FHzA6MIT15 escn a ex mg was e a RE5IDBNTIAL 161,1V n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. WE'LL. WATER f. Man-made features now on tract P I e R 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local /mid use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? R e51 PE NTl A L- i. Is the proposed project consistent with the applicable zoning? A Yes No (Attach zoning compliance ce'tificare, if applicable) Has a professional done for the tract? If yes, by whom?. archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) _ C Other If yes, has a delineation been conducted? YE5 (Attach documentarian, if available) In' addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 •,iJ ... _;,Ili site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary.: • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone MIZ• ELVAN ALyEA lie, EDGEWATER 22',5HR-0NE Nc- Name MR• R.ONEO CALPE�OtJ Address 114 ED6EWATet� Der ,01t-ON; tic• Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 137- • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION - AND- PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 12 Tk day of DEc- , 19_25 . Print Name�R-AYBLLRN G- F31,129E5 S Signature r: — rmdowner or Authorized Agew Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Eristing Project Uneth Wldth Depth Depth 100 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 14/A b. Type of material to be excavated N/h c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ABOVE NWM b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future No . Revised 03/95 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 14/A b. Type of material to be excavated N/h c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area ABOVE NWM b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future No . Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Rpprap BREhICWA"f�—fL b. Length too FT c. Average distance waterward of MHW or NWL to FT- d. Maximum distance waterward of MHW or NWL to PT- e. Shoreline erosion during preceding 12 months 157 FT. (Source of information) f. Type of bulkhead or riprap material GRANITE STONE g. Amount of fill in cubic yards to be placed below water level (1) Riprap 60 ToN5 (2) Bulkhead backfill h. Type of fill material GMANLTE STONE 1. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (I) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes x No If yes, (1). Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? c. Will wetlands be cr3ssed in transporting equipment to project site? _ Yes No If yes, explain steps that will be taken to lessen environmental impacts. RAyESUrtN 6 • 6UZC E5$ Applicant or Project Name i _ Signature - 12-12— Date Revised 03195 r. AY BURN C ilp;ii ? ixl'G f ,s 10 E DG C WA7Cf2 rm S li I L014, NC:' 27q'74 .A LF I>AAr-.G Sc>L; ND i Ply; ni (> Y.:.Uow hr{ircior� �. cy i. s �- s' ► Q lo'--��is' l�-AY13UR&I Ci+Elv GLil/GeSS MR EL'VAN ALyEA i8 `cbCE'WATER DC'- f1G tDcEWATER DR S+i(MA iNC27c(7¢ I 3HMH; NC•27U4 sTo NG 4iReAiu,Vl\TF- Nits• (l. C A LDES011 114 EDECWATeP S41(LOP, MC•27T74. �1 • 1 r , -.� SOT 131y �D�EUk1T�� D�Il1E :jJ e�cx� SECTaln vlW Q - i - 4944 WATEI- MkRV- - It n ' I' - v SMAL-E( RAYBURN * C96U/ Ru' ASS Mrw RACKS a• ;5 C-IZA iTC ROCWS L� MEOItA • �RHITE R P AYQuwt a c+W-W *&u¢zey tic Eme-WATM bp- SATIVI, NC- 270174 ��U�5-SE�TtoN�L VIEV 5C6fJATUREs �F-- APf'L 1�.f+ntRs: 1416ft WATEP- MAJZti to' -=LAR�C_�RRNtt� RoCx<s- �P(7WLIA 6t'ANi.fF::- SMAU, 62ANM R CE45 `0 Lf7(lf HORMAL WATER MARK FtlR EXCkAN6� OF C�`.fiURC65� r•1 - _ tl l.li : i State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Coastal Management James B. Hunt, Jr., Governor r� Jonathan B. Howes, Secretary Roger N. Schecter, Director March 6, 1996 Mr. Rayburn Burgess Box 23 Shiloh, NC 27974 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John-1 . Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Rayburn Burgess COUNTY: Camden LOCATION OF PROJECT: 116 Edgewater Drive, Camden Pt. Shores, Albemarle Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: December 12, 1995 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No FIELD REPRESENTATIVE: Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: hW B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: / ti��a� ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: — ` 9 G STATE DUE DATE: FEDERAL DUE DATE: 2' 2 Z — %6 FED. COMMENTS REC'D: 7 k PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office Div. of Community Assistance Land Quality Section Div. of Env. Management _aG /� �z6 -�/ / VCfd-1 GP3oTY i/to/4( State Property Office 2-z6-tiG .� _ Z Div. of Archives & History z_t5 yG Div. of Env. Health 2 _ S --i Div. of Highways wildlife Resources Commission I 3 p �6 Div. of Water Resources Z - Z 0 Clixl Ai6 Co.n'1'�'�/ Div. of Marine Fisheries State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management � Q James B. Hunt, Jr., Governor '0? , Jonathan B. Howes, Secretary N� g6 Roger N. Schecter, Director ;j (U �-N [DEHNR MEMORANDUM TO John Parker FROM Dennis W. Hawthorn SUBJECT Rayburn Burgess Major Permit Application Recommendations DATE January 30, 1996 The subject application concerns the construction of a stone breakwater within estuarine waters of the Albemarle Sound in Camden County. The proposed development would require the placement of fill -rock material within 600 sf. of public trust waters. The Division has previously issued a permit on site for a wooden breakwater structure which has since failed. This portion of the Camden Point shoreline has been identified as a good area to construct breakwater structures with the likelihood of success and potential coastal wetland gains. The applicant has proposed to plant and maintain Juncus roemerianus landward of the structure. If the following permit conditions were placed upon the applicant, I would have no objection to the Burgess' proposed project . [1] Prior to construction, the permittee request Division staff to determine the Normal Water Level and set the proposed structure alignment. [2] The proposed work will be constructed as per the submitted plats and specifically that the waterward toe of the stone breakwater alignment distance not be greater than 16 ft. beyond the normal water level; that the structure height not exceed 1 ft. above the normal water level. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmaflve Action Employer 50% recycled/ 10% post -consumer paper John Parker January 29, 1996 Rayburn Burgess Recomendations Page Two [3] The proposed structure shall be marked and maintained with yellow reflectors extending at least three ft. above the normal water level at 50 ft. intervals. [4] The permittee will maintain the breakwater in good condition and with the terms of this permit or remove the structure within 90 days of notification by the Division. [5] The permittee will plant and maintain a suitable coastal marsh plant species between the structure and the estuarine shoreline. [6] The permittee shall place a deed restriction on the subject lot at Camden Point Shores requiring that the permitted breakwater structure be maintained by the property owner as per the above conditions and the approved specifications so long as the structure is in place or be removed within 90 days of notification by the Division. y&C0i0-Z_ State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: January 2, 1996 Mr. A. Preston Howard, Director Division of Environmental Management John R. Parker, Jr. Major Permits Processing Coordinator IDEHNFR CAMA/DREDGE & FILL Permit Application Review Applicant: Rayburn Burgess RECEIVEL WASHINGTON OFFICE 06 € ft F£e -6IVta CJJJJZ 1996 ��MGfMENT Project Location: 116 Edgewater Drive, Camden Point Shores, Camden County, Albemarle Sound Proposed Project: Construct a stone breakwater 10 ft. waterward of the NWL and plant coastal marsh to stabilize the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 23, 1996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects attached comments. Signed U I to the project for reasons described in the Date �- � b RECEIVED JAN 9 1996 ENVIRONMENTAL SCiE.NCES -7111'*"ru 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919.264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources ALI Division of Environmental Management James B. Hunt, Jr., Governor ft Jonathan B. Howes, Secretary p E H N F3 A. Preston Howard, Jr., P.E., Director February 20, 1996 Camden County DEM Project #CFEB�! APPROVAL of 401 Water Quality CertificationMr. Rayburn Burgess 116 Edgewatch Drive Shiloh, NC 27974 Dear Mr. Burgess: You have our approval to place fill material in 0.01 acres of wetlands or waters for constructing a stone breakwater and restoring wetland vegetation at 116 Edgewater Drive, Camden Point Shores, as you described in your application dated 9 January 1996. After reviewing. your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611--447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Attachment Sincerely, 0)41%vard, Jr.� cc: Wilmington District Corps of Engineers J Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM 960012.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Tleepnone 919.733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 501. recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director January 2, 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: R burn Burgess Project Location: 1 6 Edgewater Drive, Camden Point Shores, Camden County, Albemarle Sound Proposed Project: Construct a stone breakwater 10 ft. waterward to the NWL and plant coastal marsh to stabilize the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 23, 1996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY K, This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signeda� Date 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources 99EA� • Division of Coastal Management _ James B. Hunt, Jr., Governor Y� Jonathan B. Howes, Secretary ID CCH N F=1 Roger N. Schecter, Director RECEIVE® January 23, 1996 F0$ 2 21996 MEMORANDUM DIY, QE MARINE FISHERIES TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries >>1- 112r , y FROM: John Parker `p 4 ,i Major Permits Processing Coordinator RECEIVED FEB 26 1a96 SUBJECT: CAMA/Dredge and Fill Permit Application Review MANAGEMENT W APPLICANT: Rayburn Burgess 9 5 PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden Co. PROPOSED PROJECT: To construct a stone breakwater waterward of the NWL. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY -,- There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 19, 1996 MEMORANDUM E) FEE FR TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: ! John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: P.9" fflrffu5rgess PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden Co. ROPOSED PROJECT: To construct a stone breakwater, etc. Please indicate below your agency's position or viewpoint on the proposed and return this form by February 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the /, , J, attached comments. Signed w 1/ltallc� Date I"Z(o -`(ls &s iW ( Nc, w iz.c_ May 21, 1993 P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: January 2, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator [DEHNFR CAMA/DREDGE & FILL Permit Application Review RECEIVEO JAN 111,996 CW11JtAL 441111AWEMENT Applicant: >rn Burgess Project Location: 116 Edgewater Drive, Camden Point Shores, Camden County, Albemarle Sound Proposed Project: Construct a stone breakwater 10 ft. waterward of the NWL and plant coastal marsh to stabilize the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 23, 1996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. i /his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the att comments.Signed ele G(' -^ Date /d 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AMrmaflve Action Employer 50% recycled/ 10%post-consumer paper FEE 16 '96 10:35H[i State of North Carolina Department of Environment, Health and Natural e�O l' ' Division of Coastai l'vtanca r�5e t' James S. Hunt, Jr., Governor FEE tiJonathan S. Howes, Secretary Roger N. Schecter, Director Div q� C �' c, ;J;, _ . ; L ;;EALTK January 19, 1996 MENIORAINDUNI TO: Ms. Linda Sewall Director Division of Enciroarnental Health A X-NAA rA EDENNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator RE E €.� r� i4N'' r SUBJECT: CAMA?DREDGE .fir FILL Per•rrrit Application Review APPLICANT: ' \ Rayburn Burgess PROJECT LOCATION: 116 Edgewater Dr, Camden Point Shores. Camden Co. PROPOSED PROJECT: To construct a stone breakwater, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form bar February 9, 1996. If you have any questions regarding the proposed pnJect, please contact John Parker at', 33-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. .� Z� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated See attached. This agency object; to the project for reasons described in the aaached comrrrents. Signed_���%��'�1T_i4/If?_9%l f � 2/ice,,%yG 27t,87. Rcle-, rJor+t C, , _ ,:7 71487 Te v� none 9-.9-733-2293 FAA 9- -,3?- 7495 `+-7.17:":-n::r''--, &—rr' I -=rp'O,,, $7%iec "-h Cos -'or:": Or roast State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director lu 1013) (1)114E,101 tl lfu I January 19, 1995 1� E) FEE HNF1 ---- Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: OMyburn Burgess PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden Co. PROPOSED PROJECT: To construct a stone breakwater, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. .�z This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attac c nts. Signed - Date_49C P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Coastal Management rA James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 19, 1996 ;V.. MEMORANDUM rE. _Y;F TO: Mr. John Sutherland, Chief JAN 23 1996 - Water Planning Section plyMOFWA.MREMMM Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator 12, 1 , , SUBJECT: CAMA/DREDGE & FILL Permit Application Review RE ED APPLICANT: Rwil wa DWIM FEB� 1A996 MANAGEMENT PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden PROPOSED PROJECT: To construct a stone breakwater. etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. I X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed ��� Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper .W State of North Carolina 12 Department of Environmen Health and Natural Resour SEC NEQ c, 1 • Division of Coastal Monagemen FEB 281996 ai James B. Hunt, Jr., Governor CoN',IAt MANAGEMENT Jonathan B. Howes, Secretary E H N F1 Roger N. Schecter, Director January 996 tia2, 22 23Z, ,mot MEMORANDUM �0°9 IA At inAA w TO: Mr. Joe Henderson, Acting Director a'eelvec' State Property Office �, pro a State 5 Department of Administration ce P rty Office !8L95v£ L FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Rayburn Burgess PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden Co. PROPOSED PROJECT: To construct a stone breakwater, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the a hed comments. Signed Date �1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%postconsumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM -- - TO - FROM: SUBJECT: January 19, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review APPLICANT: Rayburn Bur¢p4`� PROJECT LOCATION: 116 Edgewater Dr., Camden Point Shores, Camden Co. PROPOSED PROJECT: To construct a stone breakwater, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 9, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signe ( Q G Date �� 6 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 22, 1996 Regulatory Branch Action ID No. 199601217 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Rayburn Burgess for a Department of the Army (DA) permit to construct a stone breakwater and restore wetland vegetation onsite his property, located off Edgewater Drive, Camden Point Shores, adjacent the Albemarle Sound, near Shiloh, Camden County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No vegetated wetlands will be excavated or filled. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. The riprap material will not exceed 10 feet waterward of the normal water level elevation contour at any point along its alignment. 5. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Project Manager -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 February 22, 1996 Regulatory Branch Action ID No. 199001217 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post ofFiCe BOY. 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Rayburn Burgess for a Department of the Army (DA) permit to construct a stone breakwater and restore wetland vegetation onsite his property, located off Edgewater Drive, Camden Point Shores, adjacent the Albemarle Sound, near Shiloh, Camden County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. No vegetated wetlands will be excavated or filled. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. The riprap material will not exceed 10 feet waterward of the normal water level elevation contour at any point along its alignment. S. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. sincerely, FILENAME: 12A601217 CESAW- - W/Bland/mg CESAW-CO-RW/Files Raleigh Bland Project Manager n9 OS:Zi 966I'8Z'ZO NOlON[HSUM WOYIJ -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife service Fish and wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy ` National Marine Fisheries Service �= Pivers Island Beaufort, North Carolina 28516 -' Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV p' Wetlands, Oceans and Watersheds Branch $ V.S. Environmental Protection Agency 1 Y 345 Courtland Street S Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 901d IS:ZS 966i'8Z'Z6 N019NIHSUM 110a3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 EV WILMINGTON, NORTH CAROLINA 28402-1890 � REPLY TO ATTENTION OF January 26, 1996 Regulatory Branch Action ID No. 199601217 Rayburn Burgess 116 Edgewater Drive Shiloh, North Carolina 27974 Dear Mr. Burgess: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 23, 1996, for Department of the Army (DA) authorization to construct a stone breakwater and restore wetland vegetation onsite your property, located off Edgewater Drive, Camden Point Shores, adjacent the Albemarle Sound, near Shiloh, Camden County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601217. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office, at telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker (/Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICTT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY To Regulatory Branch Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 h ur f/SS 1 1^Ae�,Tyne Wcrk G P�h m�Pwwen1�' Mr. Sohn Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Car lino 27611-7687 Mr, R i & rl W (-4q Regional Office Division of Cc6stal Management North Carolina Department of Environment, Health and urd.1 � ou ce 4� 0 1 FI, t c, 1 ac a��goq Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or beforeeLG as 1 Questions or comments may be addressed to grk �l Mox Regulatory Branch, G 4AField Office, telephone J11 - Sincerely, G. Wayne Wright I Chief, Regulatory Branch Enclosure DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION, REPORT 1. APPLICANT'S NAME: Rayburn Burgess 2. LOCATION OF PROTECT SITE: 116 Edgewater Dr.,Camden Point Shs., Camden County Photo Index - 1989: 1 47-5, U-9 1984: 124-729, G-4 State Plane Coordinates - X: 2,890,000 Y: 896,800 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12-12-95 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received - 12-12-95 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Camden County LUP Land Classification From LUP - Rural with Services (B) AEC(s) Involved: PTW, EW, Coastal Waters (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - septic tank Planned -none (F) Type of Structures: Existing - pier and derelict wood breakwater Planned - stone breakwater (G) Estimated Annual Rate of Erosion: 15 ft. year Source - home owner 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 600 sf. Estuarine/Public Trust Waters (C) Other , (D) Total Area Disturbed: 600 sf. (E) Primary Nursery Area: no (F) Water Classification: SB Open: NA 8. PROTECT SUMMARY: The applicant proposes to construct a stone breakwater 10 ft. waterward o: the NWL and plant coastal marsh to stabilize the estuarine shoreline. RAYBURN BURGESS CAMDEN COUNTY BIO REPORT Page Two INTRODUCTION The applicant proposes to construct a stone breakwater within the waters of the Albemarle Sound. The proposed site is waterward of 116 Edgewater Drive at Camden Point Shores in Camden County. Records indicate that three previous CAMA authorizations have been issued on this property under the current property owner. These include: a CAMA Minor Permit for a single-family residential structure; an exemption issued on January 25, 1995 for the construction of a 5 ft. wide by 100 ft. long pier and 20 ft. by 8 ft. platform, and ; Major Permit #137-91 for a wooden breakwater. Permit #137-91 was issued as part of a group of permits prepared by Spencer Rogers and Sea Grant, Wilmington for the purpose of documenting the benefits of wooden breakwater structures in coastal waters. SITE DESCRIPTION The applicant's lot is located along an estuarine beach area at Camden Point. The applicant's lot is 100 ft. wide and approximately 150 ft. deep. The applicant's lot survey, prepared February 10, 1994, indicates property ownership and conveyance is "to water". Existing structures on the site include a single-family residence which is approximately 45 ft. landward of the NWL and an 100 ft. long by 5 ft. wide pier. A 20 ft. by 8 ft. platform is on the waterward end of the pier structure. The above referenced wooden breakwater structure was in place for approximately two years but was damaged during coastal storms which occurred during 1993 and 1994. The elevation of the applicant's lot is about 1 foot above MSL. Found along several miles of this shoreline, a small dune ridge is present approximately 10 feet landward of the NWL. The subject lot can be described as having two vegetative zones. The zone farthest from the NWL is cleared of all indigenous vegetation and landscaped with a combination of natural, ornamental and lawn vegetation. The zone closest to the NWL is vegetated with a combination of lawn grasses and coastal/wetland grasses including Sp. patens (saltmeadow cordgrass), Juncus roemerianus (black needlerush) and Phragmites australis (common or giant reed). Other wetland grasses and sedges are also present but to a lesser degree. The shoreline is also shaded by a sparse canopy of Taxodium distichum (bald cypress), Pinus taeda (loblolly pine) and Acer rubrum (red maple). It is evident that at one time the shoreline was vegetated with a more dense canopy of Taxodium distichum. The adjacent lots are also vegetated with the woody shrub RAYBUM BURGESS CAMDEN COUNTY BIO REPORT Page Three species Myrica cerifera (wax myrtle) and Baccharis halimifolia (sea myrtle) as well as substantial stands of Phragmitis. Prior to the issuance of previously mentioned CAMA minor permit, a '404' wetland delineation was prepared by the Washington, NC USCOE field office. The waters in this vicinity of the Albemarle Sound are classified by the Wildlife Resources Commission and the Division of Marine Fisheries as Coastal Waters, and by the Division of Environmental Management as SB waters. These waters are classified by the Division of Coastal Management as Estuarine and Public Trust Waters and as such, are part of the Estuarine System Areas of Environmental Concern. PROPOSED WORK The applicant proposes to construct a stone breakwater within the waters of the Albemarle Sound approximately 10 ft. waterward of the NWL off -shore from their lot at Camden Point Shores. The proposed stone structure would be constructed of granite stone and placed in the same vicinity alignment as the previously permitted wooden breakwater. The proposed structure would have a base footprint width of 6 ft. and a footprint length of 100 ft. The proposed structure would be placed in approximately 2.5 ft. of water at NWL and be constructed to an elevation 1 ft. above the NWL. The applicant proposes to construct the stone structure at a slope ratio of 1.5 to 1. The footprint would be angled approximately 45' landward within the 15 ft. setback areas of the applicant's riparian waters. The applicant proposes to slightly recess the footprint area of the structure and place it on silt control fabric to restrict settling of the structure. The landward edge of the toe of the proposed structure would be placed 10 ft. waterward of the NWL to allow for exchange of coastal resources and public trust use. The applicant proposes to plant Juncus roemerianus landward of the proposed structure in the vicinity of the NWL to assist in shoreline stabilization. ANTICIPATED IMPACTS The proposed development is within the Estuarine and Public Trust Waters of the Albemarle Sound. There are no known historical resources or endangered species in close proximity of the proposed site. RAYBURN BURGESS CAMDEN COUNTY BIO REPORT Page.Four The proposed structure will require placement of granite stone material along slightly less than 600 sf. of NC bottom. The shoreline vicinity along Camden Point presently appears to have the necessary conditions to accret an inland beach environment. This is evident by the existing sand dune which runs along the existing shoreline for some considerable distance. The proposed site was previously identified by the NC Sea Grant Program as a good site to install a breakwater and encourage the growth of coastal vegetative species. The previously permitted wooden breakwater successfully accretted some sand beach until it was damaged by storms in 1993. No submerged aquatic vegetation was identified during recent site vists to the site. Although the proposed structure would require the placement of material on 600 sf. of State bottom and within Public Trust Waters, the potential impacts could be favorable in that coastal marsh species would have a suitable environment to establish and sediment erosion of a highly erodible shoreline could be reduced. To assist in coastal marsh establishment and shoreline stabilization, along with constructing the stone breakwater, the applicant proposes to plant Juncus roemerianus. If the proposed stone breakwater is successful in accretting beach, an additional 1,000 sf. of coastal wetlands could establish along the estuarine shoreline. The proposed structure would not significantly impact the use of Public Trust Waters. N\T/:167 DIV I This proposed development involves the placement of 600 sf. of material within Public Trust Waters. The proposed development could have a positive impact on coastal resources and reduce sediment pollution by providing a net increase of coastal wetlands and by reducing erosion along a highly erodible shoreline. The Camden County Land -Use Plan encourages commercial and recreational fishing in its waters and otherwise allows in AEC's whatever uses can be permitted by the relevant state and federal resource agencies. In this regard, as long as it is permitted by DCM, the proposed development will be consistent with the Camden County Land -Use Plan. Submitted by Dennis W. Hawthorn Date : December 29, 1995 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director January 2, 1996 Myrgess 116 Edgewater Drive Shiloh, NC 27974 Dear Mr. Burgess: 1' •�' *� [DEHNFR The Division of Coastal Management hereby acknowledgift receipt of your application for State approval for development of your property located 116 Edgewater Drive, Camden Point Shores, Camden County, Albemarle Sound. It was received on December 12, 1995, and appears to be adequate for processing at this time. The projected deadline for making a decision is4WIN�ry 25, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmaflve Action Employer 50% recycled/ 10% post -consumer paper January 2, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Dennis W. Hawthorn Field Representative I DWH/dc Enclosure cc: John Parker Richard L. Watts CERTIFIED MAIL RETURN RECEIPT REQUESTED: t Dear Mr • Ro„ aeo M • CA l deim (RIPARIAN LANDOWNEWS NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. RaybuvK�ess (YOUR NAME plans to construct S+oK2 breAKWAter (YOUR CONSTRUCTION PLANS) in SW l olA , N C • The sketch on the reverse side accurately depicts the proposed construction. (CITY/COUNTY) Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Raybt(rn G • Bu.Qm, Box Z3 CaMaen POckf 5hores, (YOUR NAME AND ADDRESS Ski IDL t KC-ZJ 91 as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) (DATE) By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from my property line. �' tic �11 • �'�`—� //—/8-9.s` 111P ARIAN LANDOWNER SIGNATURE) (DATE) CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mr" At Ai ea (RIPARIAN ANDOWNER'S NAME) -----___---_--- This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. Rckybarm 6 auPgz55 plans to construct LQAe breaKWnte"" (YOUR NAME) (YOUR CONSTRUCTION PLANS) on their property, 116 Fdgew'ater :Dr. (EXACT LOCATION OF PROPERTY) in S ki 1 ok The sketch on the reverse side accurately (CITY/COUNTY) depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Raybuoi Burge59 (YOUR NAME AND ADDRESS) rP)vx 23 "Camden Peikr ShOreS, Shi(OhY1 ZH74as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, Nc 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, i have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) 1-& ;L o (DATE) CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mr. Calc��'cn (RIP LANDOWNER'S NAME) p This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. tRCLAArw �urt{es5 plans to construct (YOUR NAME on their property in Ski (ek (CITY/COUNTY) depicts the proposed construction. StCNe brecmuvat& (YOUR CONSTRUCTION PLANS) 116 Edgewater -Dr- (EXACT LOCATION OF PROPERTY) The sketch on the reverse side accurately Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: RcZbVrb_t�5 5 (YOUR NAME AND ADDRESS) boX Ai (h1vtdeK YoiW SGoraS, 34dc[7 NC-,M74as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, Nc 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. ARIAN LANDOWNER SIGNATURE) (DATE) CERTIFIED MAIL RETURN RECEIPT REOUESTED: Dear Kr -Al Alea- (RIPARIAN ANDOWNER'S NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. a burn G• G3ur e55 (YOUR N plans to construct 5tDKe, breaK,WatW (YOUR CONSTRUCTION PLANS) in Ski6k The sketch on the reverse side accurately depicts the proposed construction. (CITYICOUNTY) Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: Ra burn fr- BiAqes5 Brix R3 CamAen Point SWe5 (YOUR NAAt AND ADDRESS St itok , as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) (DATE) By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from my property line. (RIPARIAN LANDOWNEA SIGNATURE) (DATE) ADDRESS completed on the reverse side? mmE„n?�nnm _ o m o- a o D T ni°ms,� v v0 o07on'.2aa„NOAmm i m 3mn�m=°my O M D m-3 u .. 0 ana G za E n o n 19 p m, m m m d m n D mFi o Fi I a o m m` m x m m y d 3 m .-g a mm nm � y m m m o m o � 3 n� Z= n1 ...ma- < a��3c 01 A, \m m 1 9 r) '\ l3 rmn O N \ N -` m <. S A l Q C N w y m= O. n O N O Mara O N O N m m LD. < a org. 'R o m a = < < m or m c H x w m 1 for using Return Receipt Service. m SENDER: y • Complete items 1 and/or 2 for additional services. I also wish to receive the o • Complete items 3, and 4a & b. following services (for an extra � 2 • Print your name and address on the reverse of this form so that we can fee): 's O return this card to you. m' • Attach this form to the front of the mailpiece, or on the back if space 1. El Addressee's Address y mdoes not permit. « Write"Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery .. G .� • The Return Receipt will show to whom the article was delivered and the date c delivered. %per Consult ostmaster for fee. 0 v 3. Article Addressed to: 4a. Article Number L cc m t n !�5 4b. Service Type m E Nkr, 1 Alyea. / o 0 l l �e 1:bl5eWk+er '9 r' ❑ Registered ❑ Insured CA � Certified ❑ COD 0 (" rr� w S(n, 1DH t Nc• x �- ❑ Express Maii ❑Return Receipt for ¢ Merchandise o 7. Datep Deliverynn r_ _. 5. Signature (Add sseel � - _. -- C L. S. Addressee's Id Address (Only if requested Y is paid) F n . J�and t s 6. Signature (Agent)� 7 PS Form 3811, December 1SRt ... nu.s.GPo4uea—as27W--DMESTIC RETURN RECEIPT + Cnmplete Items 1 and/or 2 for additional services. I also Wish to receive the • Complete items 3, and 4a & b. following services (for an extra ai + Print your name and address on the reverse of this form so that we can u -;turn this card to you. _ fee): - Attach this form to the front of the mailpiece, or on the back if space /1. ❑ Addressee's Address m f ^5 not permit. ( n y %!rile"Return Receipt Requested" on the mailpiece below the article number. Aa G �2. ❑Restricted Delivery ,., Return Receipt will show to whom the article was delivered and the date .m ",d. Consult postmaster for fee m ;le Addressed to: Mr' CAI deI00 1105 Siv LvLKce(p� Dr VA - z 3 323 ;j Signature (Agent) Form J11:311, December 1991 cu.S.GPo:1ee3-,k5 ---------------- r180 422 355 4b. Service Type ❑ Registered ❑ Insured ® Certified ❑ COD ❑ Express Mail ❑Return Mercha 7 slivery 8... �IJIA..ldldre ee's Address (Only and f1b is paid) �� .I a SENDER:" 'y • Complete items 1 and/or 2 for additional services. or • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can d return this card to you. • Attach this 16rm.to.the"hont-of the mailpiece, or on the beck if space does not permit. r•. .0 • Write"Return Receipt Requested"gnl4e mailpiece below the article numbE The Return Receipt will show to whom the article was delivered and the dot (Article A/d�dressed to: C 11 d5 \afar e(c+ 5De. U y H W C Les a Q-Pa.�� ZC � )O Q 5. Signature (Addressd F I E m C ceipt for m ise `o w _ O T requested •x c H ii IESTIC RETURN RECEIPT J I also wish to receive the following services (for an extra cmi fee): ,��,,e 1. IE9'Addressee's Address m fA 2. ❑ Restricted Delivery •°-� 4a. A Icle Numbe 4b. erv/Type ❑ Registered ertified PExpress Mail 71 Date `Del' er 8J Addressee's Ad j 1 and fee is paid) ostmaster for fee. m M m ❑ Insured ❑ COD ❑ Return Receipt for 0 Merchandise r w dress (Only if requests f H PS Form 3811, Decemb 31 *U.S.GPO: 1Ba3�52-714 DOMESTIC RETURN RECEIPT oUUn I --j _y. ATTACHED AND CANCELLED $" 5 " PILL . ; _.-- 0'91 JUN 27 HIS 9 15 BETTY K _ 14NES RMSTE,R OF DEEii #AMDSN COUNTY, NA Excise Tax I Recording Time, Book and Page —Tax Lot -No—:..1.........n......................................................... —.Parcel Verified by ....�f...-.Z.I.........1!1l2.............................. County on the .A.q...... day of ...... i!.i.��'�................................... 1 19.:. 1..... by ................. 3.5,.Oc0.7............ 350.. .00........................................................................................ . ............................................................ Mail after recording to ........ Hnrnthalr....Riley......El.l............................................... ...................................................:................ ................................................... .P...... 0..... B.o x..2 2 0....... Elizabeth... C i t y,....N C...2.'79.0 9............................................................. This instrument was prepared by ......... ,T..... F.Ced". Ri.1P..yr...Attor11ey..................... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this . 5:4b... day of ................. June.,,,..,...."""".", 19....9.1" by and between GRANTOR I GRANTEE DANIEL J. McCONNAGHY and wife, DORA J. McCONNAGHY RAYBURN G. BURGESS and wife, CHEW T. BURGESS 2441 Bullock Trail Virginia Beach, VA 23454 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs; successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of............................................................ ........Shiloh..................... Township, .Camden... County, North Carolina and more particularly described as follows: Lot 136 of Edgewater Subdivision as shown on plat recorded in Plat Book 2 at Page 91 in the Camden County Registry. BOOK IL PAGE y i D The property hereinabove described was acquired by Grantor by instrument recorded in ... Deed Book 90 at ......................................... ...... F.a.5.e...2 58......in...tkxe...Ca.mden...Rega, a kzy...................................................................................... _A_ map_sho_wing the above described-property_is recorded_in Plat Book ............;_...,__._„ ._page:. 'TO HAVE AND TO HOLD the aforesatd-lift or parcel of land and all privileges and appurtenances thereto belonging to the'Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabov, described is subject to the following exceptions: Restrictive covenants of record in Deed Book 55 at Page 688 in the Camden Registry. IV WITNESS WHEREOF, the Grantor has hereunto set his hand corporate name by its duly authorized officers and its seal to be hereunto above written. --------------------------------------------------------------- ;W (Corporate Name) 4 ' z c ____________________________President ' Dora 4 ATTEST: C --------------------------------------------------------------- ____________________________Secretary (Corporate Seal) to If corporate, has caused this Instrument to he signed in its auty601y of its Board of D}eectors, the day and year first _��fc_Jr0� nn hy( Mco���•- McConnaghy _________(SEAL) ,..i_____________________________________________________________(SEAL) NORTH CAROLINA- ----- R? SAsl 0tgx ___County. ,y I, a Notary Public of the County and state aforesaid,, certify that _Daniel J. McConhy __ag____ ---- -and gy----------------------------------------------- Grantor, a) personally appealed before me this day and acknowledged the execution of the foregoing instrument. Witness my ? hand and official stamp or seal, this 26th_ day of ----- __June -------------------------- ls_91, My commission expires: SEAL -STAMP NORTH CAROLINA- ---------------------------------- County. 1, a Notary Public of the County and State aforesaid, certify that Notary Public y personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of 0 r y------------------------------------------------------- a North Carolina corporation, and that by authority da19 • I 17 PROPERTY BEING CONVEYED TO RAYBURN G. BURGESS, JR CHEW SH I LOH CAMDEN COUNTY, AND WIFE T. BURGESS TOWNSHIP NORTH CAROLINA SCALE 1 30 FEBRUARY 10. 1994 N President, sealed with its corporate seal and attested by ----------- as its ___________________________ Secretary. a Witness my hand and official stamp or seal, this _______day of ----- ------- --------------- 19--- Illy commission eapires:_______________________________________________________________________ Notary Public The foregoing Certiflcate(s) of _Elizabeth A. Rowe, a_Notary_+Public of Pasquotank_County�_NCL___________________ Ls/are certified to be correct This Instrument =4 this certificate are duly registered at the date and time and In the Book and Page shown on the first Page hereof. _ BY _,_____REGISTER OF DEEDS FOR___________ CAMDEN _COUNTY ------- DePuty/Assistant- Register of Deeds N. C. Bar Assoc. Font No. 3 © 1976. Revised © 1977 —J. Wifl.m. a ra 1, en. e77. rakin"ne. N. t pass F,,MM by AVw nt 1ntA TM N. C. an Amu -1981 r/} �•i�r 1